What does a pavement licence allow
The pavement licence authorises the placement of removable furniture on part of a relevant highway adjacent to the premises for either or both of two defined purposes, namely:
- to sell or serve food or drink supplied from, or in connection with the use of the premises
- by other persons for the purpose of consuming food or drink supplied from, or in connection with use of the premises.
'Furniture' is defined as:
- counters or stalls for selling or serving food or drink
- tables, counters or shelves on which food or drink can be placed
- chairs, benches or other forms of seating
- umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink
If the premises the applicant uses or intends to use has a Licensing Act 2003 licence to serve alcohol for consumption only on the premises, temporary amendments to 2003 Act will generally result in a temporary authorisation for alcohol to be sold for consumption off the premises without the need to apply for a variation of the licence.
The grant of a pavement licence will not extend or alter the permitted hours conditioned on any planning permission and/or specified on a premises licence for the premises to which it relates. So, if a premises has a Licensing Act 2003 licence permitting the sale of alcohol between specified hours, those are the maximum hours that alcohol may be sold for consumption on an area covered by an associated pavement licence.